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Poster: Administrator, Curator, or StaffTyler Date: Jan 24, 2004 9:09am
Forum: etree Subject: Old stuff -- miles davis?

I'm not sure. i think diana Hamilton would be the best to answer that one. Is there a 30 year clause or something on items entering the public domain? we should look into this, it would be cool to hear those old gems!

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Poster: deadicated Date: Jan 24, 2004 12:32pm
Forum: etree Subject: Re: Old stuff -- miles davis?

"all works published before January 1, 1978 that did not contain a valid copyright notice may be considered to be in the public domain."

http://www.benedict.com/info/law/publicDomain/publicDomain.aspx

"The distribution before January 1, 1978, of a phonorecord shall not for any purpose constitute a publication of the musical work embodied therein"

http://www4.law.cornell.edu/uscode/17/303.html

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Poster: Administrator, Curator, or StaffTyler Date: Jan 24, 2004 12:48pm
Forum: etree Subject: open source area maybe?

It seems like for these 'old' recordings perhaps you can put them legally in the open source audio section of the archive?

http://www.archive.org/audio/collection.php?collection=opensource_audio

where already existing are old old recordings, from the 78 rpm days of the 1920's. Check out the early southern blues and tunes from those past masters. really great stuff!

It seems that Columbia records really would never approve of the hosting of Miles Davis live stuff, but maybe the pre 1/1/78 fan recordings can go there? i guess others will have to rule on thie one.

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Poster: deadicated Date: Jan 24, 2004 1:10pm
Forum: etree Subject: Re: open source area maybe?

Does the Open Source Area include pending artists like Jerry Garcia..., have a coupla shows from 1962... Can I upload those shows in the Open Source Area?



This post was modified by deadicated on 2004-01-24 21:09:22

This post was modified by deadicated on 2004-01-24 21:10:27

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Poster: Administrator, Curator, or Staffsimon c Date: Jan 24, 2004 2:01pm
Forum: etree Subject: Re: open source area maybe?

I'm not 'in charge of' the Open-Source Audio area, though I do approve submissions as an admin sometimes, and have some (non-official!) opinions.

The way it's been working, up to now, is that submissions in that area are either:

- something the uploader has composed/created himself, so is allowed to post.
- something that the uploader says has fallen out of copyright, so is allowed to post. Right now, the only examples of these we have are the very old (1920s?) blues records, I think.

So, I think anything involving live recordings done by third parties should _generally_ still go in the Etree section. Posting things in Open-Source Audio because the artist hasn't been approved on Etree yet is probably not cool.

From my own very basic knowledge, music copyright is extremely complicated, and isn't simply pre-1978 recordings _or_ 75 years after the death of the creator. If something is a live recording, I don't think its copyrights are removed in any way, though.

s!

This post was modified by simon c on 2004-01-24 22:01:07